Can photos of a minor be posted on networks if a parent does not want to? The dispute between Marta Carriedo and Raúl Vidal for taking (or not) their son online

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When there is love, the discrepancies in a couple are overcome much better than when it disappears.

And if there are children involved, things can get extremely complicated.

The influencers

(with almost 600,000 followers and 70,000, respectively) left their relationship when their son Noah was barely five months old.

Now, with the baby about to turn one year old, the Instagram stories of both have become a ring parallel to the courts.

In court is where the influencers are submitting their differences as parents to the discretion of the courts, but in social networks is where they explain

Those 'communiqués', gossips say, are also poisoned arrows that are launched at each other to settle scores.

The juice of the thing lies in whether or not they can spread the image of their little one in their profiles.

And, for the moment, it is the father who wins the battle.

This controversy recalls the disagreement that

had in their day for similar reasons and that ended with a victory for the singer, which began the judicial process.

The dispute was resolved with the obligation of both parents to reduce the photos they published of her daughter Ella on networks and the prohibition of both seeing her face and associating her photos with a brand.

According to Raúl Vidal's version, exposed on his Instagram, the maternal practice of spreading Noah's image violates the intimacy and

, in addition to "opening a breach in his security".

He argues that the protection he seeks for his baby cannot harm his mother's work as an influencer, unless the minor is considered another "tool" of his work.

Marta Carriedo, for her part, has also explained in a story that,

, her son's face will not appear in her publications, in clear allusion to the fact that she does not consider the issue settled.

The influencer takes the opportunity to tell what it is for her to protect a minor, beyond using her image on different platforms.

Thus, she alludes to the fact that she is the one who

of her baby since birth, who has taken care of his medical visits, his care, etc., which constitutes for her the true and necessary protection of the minor.

In addition, in other videos, Noah's mother recriminates that her ex-partner has also exhibited the child in the past on her own networks, even in advertising campaigns starring Vidal, and that the only interest she pursues from her now is to harm her.

In this bitter confrontation, the influencer defends himself against Carriedo's accusations about not taking care of his son's expenses.

To do this, he argues that, precisely because he wants to exercise his rights and obligations as a father, he has fought to get

What does the Law say?

Ramon Quintano, member of the AEAFA (Spanish Association of Family Lawyers), explains that in case of discrepancy between the parents, "the law is quite clear" in this regard: "for the publication of videos or photos on the internet or social networks, You need the consent of both.

This happens when the minor child is not mature enough to decide for himself, in which case, it is they themselves who have to give said consent.

The uses and customs of today's society, in which the publication of this content on digital platforms is widespread, has meant that Family lawyers are already including

in this regard in the separation agreements, according to Quintano.

"Giving consent or not is related to the parental authority of the minor, regardless of who has guardianship and custody or whether it is shared," he adds.

These decisions are equated to others such as

children against Covid-19,

, surgical interventions, etc.

However, when one parent does not authorize the publication of the minor's image on networks and the other does so, "a judge can resolve this

in favor of one or the other and depending on the circumstances," concludes the lawyer.

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